Requesting your servicer correct

errors template
Use the sample letter on the third page if you want to contact your mortgage servicer to correct
an error.
How to use this template:
1. Read the background below.
2. Fill in your information on the template letter and edit it as needed to fit your situation.
. !rint and mail the letter. "eep a copy for your records.
Background
#ew federal mortgage servicing rules re$uire servicers to correct errors related to the servicing
of mortgage loans.
%f you think your servicer has made an error& you can:
'all your servicer. (hey may be able to help you over the phone. )ee your monthly
mortgage statement or coupon book for the phone number.
*rite a letter. %f your servicer was unable to resolve your issue over the phone& you
may have additional protections if you write your servicer a letter.
Submitting a letter:
%nclude your name& home address& and mortgage account number.
o Use the name that is on your mortgage and include your spouse or other co+
borrower if they are on the mortgage.
%dentify the error. (ell your servicer e,actly what error you believe occurred. (ips:
o -ive important details: .% made my /anuary payment on time. % paid 01&122
on /anuary 1 but was still charged a late fee.3
o 4e specific. Rather than writing .you did not apply my payment correctly&3
e,plain how you believe the payment was incorrectly applied.
5o not write your letter on your payment coupon or other payment form you get
from your servicer.
)end the letter to the proper address. 6 servicer may use a special address for
borrowers sending re$uests to correct errors. (his can be found on your monthly
mortgage statement or coupon book or on the servicer7s website. 8ou can also call
your servicer and ask them for the proper address. #ote that the proper address for
error corrections may be different than the address to which you send your monthly
payments. 4e sure to use the proper address for error correction re$uests.
What to expect:
%f you follow these instructions& the servicer must acknowledge receipt of your
re$uest and either:
o 'orrect the error and confirm that the error was corrected& or
o %nvestigate and determine that no error occurred& and send you a notice
e,plaining why.
-enerally& servicers are prohibited from charging you a fee for responding to error
re$uests.
8our servicer might ask you for more information about the error& but your servicer
can7t refuse to investigate or determine that no error occurred because you didn7t
provide the information.
6 servicer does not have to investigate your re$uest for error resolution if:
o (he re$uest is overly broad&
o 8ou are sending in the same re$uest repeatedly& or
o 8ou are re$uesting help with a loan that was transferred to another servicer or
paid off more than a year ago.
Timelines:
(he servicer must acknowledge your letter within five business days of receiving it.
%f you are writing to say your servicer improperly started or scheduled a foreclosure:
o (he servicer must respond to your letter before the foreclosure sale or within 2
business days of receiving it& whichever is earlier& if your servicer receives your
letter more than seven days before the sale.
o (he servicer should make a good+faith effort to respond to your letter& if your
servicer receives your letter seven days or less before the sale.
%f you are writing to say the servicer gave you an inaccurate payoff balance& the
servicer must respond within seven business days of receiving your letter.
For all other errors& the service must respond within 2 business days of receiving
your letter.
%n some cases the servicer may come back to you in writing and ask for additional
information or re$uest an additional 11 business days to investigate and respond to
your re$uest.
If you are not satisfied with the result:
%f you believe your servicer did not follow the procedures above in responding to your
letter& you can contact the 'F!4. *e will work with the company to get a response.
'ontact us at 9:11; <11+2=2 or www.consumerfinance.gov>complaint.
%f you need help to understand your foreclosure prevention options& you can find a
HU5+approved housing counselor at www.consumerfinance.gov>mortgagehelp or by
calling :::+??1+H@!A 9<B=;.
Template letter begins on the next page
Date:
To:
[Your mortgage servicer
Your mortgage servicers address]
From:
[Your full name
Your street address
Your city, state, and ZIP Code]
Re: Error Resolution Notice under 12 C.F.R. 1024.35
Mortae !oan Num"er: [Your loan number]
# am $ritin to re%uest correction o& t'e error descri"ed "elo$ in reard to t'e mortae on m(
)ro)ert( at [Your home address].
[IN!"#C!I$N% Provide a full descri&tion of the error. You may ada&t the sam&le language
for some common servicing errors, &rovided belo', or 'rite your o'n descri&tion. Delete the
sample language for errors that dont apply. Please note that this is not a com&lete list of all
&ossible errors, such as errors regarding your servicers failure to &rovide accurate information
about loss mitigation o&tions, foreclosure, or transfers of the servicing of your loans( your
servicers foreclosure activity against you that may violate the rules( or any other error relating
to the servicing of your loan. Your servicer may have obligations to res&ond to your letter even if
it is not as detailed as the model belo', but including these details 'ill increase the chances that
your servicer 'ill be able to investigate your issue and res&ond )uic*ly.]
*a(ment Errors:
+our com)an( re,ected t'e &ull )a(ment # made on [+ate] in t'e amount o& [, dollars].
[If this 'as not e)ual to your regularly scheduled &ayment, e-&lain 'hy.]
+our com)an( did not )ro)erl( credit t'e )a(ment t'at # made on [+ate] in t'e amount
o& [, dollars]. T'is )a(ment s'ould 'a-e "een credited to:
o [!ell the servicer ho' the &ayment should have been credited to &rinci&al,
interest, escro', or other charges .]
+our com)an( &ailed to credit t'e )a(ment # made on [+ate] as o& t'e date o& recei)t.
Escro$ Errors:
# 'a-e "een noti&ied "( [ource of information, e.g., ta-ing authority, homeo'ners
insurance com&any] t'at (our com)an( &ailed to )a( t'e &ollo$in e.)enses &rom m(
escro$ account:
o *ro)ert( ta.es: [Include amount and date due. Include evidence, if available.]
o #nsurance )remiums: [Include ty&e of insurance, name of insurance com&any,
account number, amount, and date due. Include evidence, if available.]
o /t'er c'ares: [.e s&ecific.]
# "elie-e t'at # am entitled to a re&und o& e.cess &unds in m( escro$ account and # 'a-e
not recei-ed t'em. [Include evidence or describe 'hy you believe you are entitled to
e-cess escro' funds.]
Fee Errors:
+our com)an( incorrectl( im)osed a [+escribe ty&e of fee / late fee or other] on [+ate]
in t'e amount o& [, dollars]. [+escribe or include evidence that you have been charged
this fee.]
*a(o&& Errors:
+our com)an( &ailed to )ro-ide an accurate mortae )a(o&& "alance t'at # re%uested on
[+ate].
#& (ou need to contact me0 # can "e reac'ed at [Include the best contact information, 'hich may
be your home address, 'or* or mobile &hone, or email address.]
1incerel(0
[Your name
Co0borro'ers name]